HomeMy WebLinkAboutPacket - 9/21/2022 - Planning and Zoning Commission
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of
programs and services in a customer-oriented, efficient and fiscally responsible manner.
PLANNING & ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, September 21, 2022
TIME: 7:00 p.m.
PLACE: City Council Chambers, City Hall.
333 S Green Street, McHenry, IL 60050
AGENDA
1. Call to Order
2. Roll Call
3. Approval of the Agenda
4. Public Input – (five minutes total on non-agenda items only)
5. Consideration of Approval of the Meeting Minutes: July 20, 2022 Regular Meeting
6. Z-2022-18 - Zoning Map Amendment from I-1 Industrial District to C-5 Highway Commercial District
for the property located at 1819 Dot Street. Petitioner: Home of the Sparrow, Inc. of 4209 W.
Shamrock Lane, Unit B, McHenry, IL 60050. Petition withdrawn at request of applicant.
7. Z-2022-17.1 - Zoning Map Amendment to C-2 Neighborhood Commercial District, Conditional Use
Permit to accommodate the existing Child Daycare Center, Zoning Variations to accommodate all
existing principal and accessory structures, any other Zoning Relief necessary to accommodate the
existing Daycare Center Operations at 4717 W. Crystal Lake Road, McHenry IL. Petitioner: City of
McHenry of 333 S. Green Street, McHenry, IL 60050
8. Z-2022-17.2 - Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit to operate
an Agritourism Business with Outdoor Storage related to the operation of an Agritourism Business,
Zoning Variations to accommodate all existing principal and accessory structures, and minimum lot
width for the property located at 4813, and 4815 W. Crystal Lake Road. Petitioner: City of McHenry of
333 S. Green Street, McHenry, IL 60050
9. Z-2022-17.3 - Zoning Map Amendment to C-2 Neighborhood Commercial District, Zoning Variations
to accommodate all existing principal and accessory structures, any other zoning relief necessary to
accommodate the existing commercial operations at 4817 W. Crystal Lake Road. Petitioner: City of
McHenry of 333 S. Green Street, McHenry, IL 60050
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of
programs and services in a customer-oriented, efficient and fiscally responsible manner.
10. Z-2022-17.4 - Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit for
Agritourism, and Outdoor Storage in Conjunction with an Agricultural Use, Zoning Variations to
minimum lot width, and any other zoning variations necessary to accommodate the existing
principal and accessory structures at 4819 W. Crystal Lake Road. Petitioner: City of McHenry of 333 S.
Green Street, McHenry, IL 60050
11. Z-2022-17.5 - Conditional Use Permit for a Conditional Public Use to accommodate the existing
operations of the Commonwealth Edison Company, Zoning Variations to allow administrative site
plan review by Staff Plat Review Committee for future expansions and site plan modifications within
the existing developed area, Zoning Variations to accommodate all existing principal and accessory
structures, any other zoning relief necessary to accommodate the existing public utility operations
for the 4.76-acre property, more or less, located on the south corner of the intersection of Lillian
Street and Hay Street. Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL 60050
12. Z-2022-17.6 - Zoning Map Amendment to C-5 Highway Commercial District, Conditional Use Permit
for a Conditional Public Use to accommodate the existing public gas utility operations, Zoning
Variations to allow administrative site plan review by Staff Plat Review Committee for future
expansions and site plan modifications within the existing developed area, zoning variations to
accommodate all existing principal and accessory structures, any other zoning relief necessary to
accommodate the existing public utility operations for the 0.32-acre property located directly west
of the intersection of S. Front Street (IL-31) and Mercy Drive. Petitioner: City of McHenry of 333 S.
Green Street, McHenry, IL 60050
13. Z-2022-17.7 - Use Variance to allow the continued use of the existing Off-Site Advertising Billboard
Sign (Property PIN: 14-03-100-028), and a Zoning Map Amendment to A-1 Agriculture District for
various property located directly north of the intersection of Cunat Drive and Bull Valley Road, and
directly southeast of the intersection of Bull Valley Road the Union Pacific Railway Line (PIN: 14-04-
200-030, 14-03-100-015, 14-03-100-016, 14-03-100-028, 14-03-300-006). Petitioner: City of McHenry
of 333 S. Green Street, McHenry, IL 60050
14. Z-2022-17.8 - Zoning Map Amendment to I-1 Industrial District, Zoning Variations to accommodate
the existing principal and accessory structures, and any other zoning relief necessary to
accommodate the existing industrial operations for the property located at 5015 Bull Valley Road.
Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL 60050
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of
programs and services in a customer-oriented, efficient and fiscally responsible manner.
15. Z-2022-17.9 - Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations to
accommodate the existing principal and accessory structures, and any other zoning relief necessary
to accommodate the existing law office operations at 908 S. IL-31. Use Variation to allow a single-
family residence in the C-5 Highway Commercial District for 912 S. IL-31.
Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL 60050
16. Open Discussion
17. Staff Report: Next Meeting Date: Wednesday, October 19, 2022
18. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
July 20, 2022
Chairwoman Rockweiler called the July 20, 2022, regular meeting of the City of McHenry Planning
and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer,
Rockweiler, Sobotta, Davis, Riley and Lehman. Absent: Smale. Also in attendance were City
Planner Cody Sheriff, Community Development Director Polerecky and Deputy City Clerk
Johnson.
Approval of the Agenda:
A motion was made by Commissioner Davis and seconded by Commissioner Bremer to
approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale.
Motion Carried.
Public Input
No members of the public offered any public input.
Approval of Minutes:
Approval of the June 15, 2022, regular meeting minutes as presented. A motion was made
by Commissioner Lehman and seconded by Commissioner Sobotta for approval.
Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-
nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried.
File No. Z-2022-09
Petitioner: Cunat Inc, of 5400 W Elm Street, McHenry, IL 60050
Zoning Map Amendment to RM-2 High-Density Multifamily Residential District, a Conditional
Use Permit for a Preliminary Planned Unit Development, and Preliminary Plat of Subdivision
for the Residences of Fox Meadows Multifamily Development on the northeast corner of IL-
31 and Veterans Parkway
Chairwoman Rockweiler called the hearing to order at 7:04 p.m. City Planner Cody Sheriff
reported that all legal posting requirements have been met. The petitioners were sworn in
from the previous meetings.
Brian Cunat stated that they have listened to and complied with the questions and concerns
from Staff. They took away one of the garages and extended the berm all the way around
Route 31. The berm should be five to six feet tall with landscaping averaging a height of eight
feet. Quotes for the fence near the autism school came in between $20,000-25,000 depending
on fence type. They suggest offering a cash amount to donate to the school to share the cost of
the fence. Planner Sheriff stated that Cunat has addressed all Staff concerns, and that the
Planning and Zoning Commission
May 18, 2022
Page 2
fence is not required by ordinance. The Commission could determine what would be fair or
necessary regarding the fence.
Chairwoman Rockweiler explained that there are two options the Commission could go
with for a motion. The first option is to keep the garage alongside the berm, to install a
concrete wall, and have the garage sitting in the middle of the berm. This option is not
recommended by Cunat or Staff as it appears to have safety concerns with people being
able to run up the berm and get on top of garages. The second option is to remove the
garage and have a continuous berm along the entire length of Route 31.
Chairwoman Rockweiler opened the public hearing portion of the meeting 7:20 p.m. No
members of the public had any comments, and Chairwoman Rockweiler closed the public
hearing portion of the meeting at 7:20 p.m.
The Commission members were given a chance to explain their position for the project.
Commissioner Lehman stated that he was in favor of the development and liked the new
concept. Commissioner Riley likes the adjustments that were made and that they were
willing to work with the neighbors. Commissioner Davis agreed and believed that the
monetary donation was more than fair. Commissioner Sobotta is opposed to the
development because this changes the whole area zoned for commercial/industrial. He
believes we are giving up prime business area and believes this is too many units for this
area. He has no problem with more residential but would like to see this development in a
different location. Chairwoman Rockweiler does not like giving up the prime real estate,
but the land has been there a long time with no development happening. Commissioner
Bremer believes there is a need for this in our community as businesses have a hard time
getting housing for their employees. Chairwoman Rockweiler stated she is on the fence
because we need multi-family, but doesn’t like the location. She likes the changes that
Cunat has made to the plan, and sees both sides of the argument.
A motion was made by Commissioner Davis and seconded by Commissioner Lehman to
recommend approval of the petitioner’s request for a zoning map amendment from the C-5
Highway Commercial District and BP Business Park District to the RM-2 High Density
Multifamily Residential District for the subject property, and by making said motion, I agree
that the approval criteria for the Zoning Amendments have been met as outlined in the staff
report. Roll Call Vote: 4-ayes: Commissioners Davis, Lehman, Bremer, Riley. 2-ayes:
Commissioners Sobotta, Rockweiler. 1-absent: Commissioner Smale. Motion carried.
A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to
recommend approval of the petitioner’s request for preliminary plan approval for a conditional use permit
to allow a 540-unit, multifamily, Planned Unit Development on the subject property subject to
the following conditions:
Planning and Zoning Commission
May 18, 2022
Page 3
1. The petitioner shall revise the final plan to include a pedestrian crosswalk from the park area
on the eastside of the subject property to the eastern-most basketball court.
2. The petitioner shall revise the final plan to label the proposed basketball courts.
3. The petitioner shall provide a monetary contribution to the property owners of 4100 Veterans
Parkway in the amount of $12,500 for a fence of their choosing or for no fence if so desired.
4. The petitioner shall revise the final landscape plan and site plan based on the submitted option
2.
5. The petitioner shall revise the berm landscaping to include canopy-canopy evergreen tree
screening and decorative outcrop stones to be reviewed at the discretion of the Zoning
Administrator.
6. The Property Owner shall be responsible for an equitable share of maintenance responsibility,
based on lot size, for the maintenance of the existing regional Stormwater Retention Pond on Lot
2 of Prairie Pointe Business Park Resubdivision.
7. The Property Owner shall agree to enact a backup Special Service Area (SSA) for the
maintenance of the regional Stormwater Retention Pond within 6 months of approval. Said SSA
shall encompass all property that is serviced by said regional Stormwater Retention Pond. Failure
of the property owner(s) currently serviced by the Regional Stormwater Retention Pond on Lot 2
of Prairie Pointe Business Park Resubdivision to agree to the enactment of said SSA, shall absolve
the Property Owner of the Residences of Fox Meadows from enacting said SSA.
8. The Property Owner shall be responsible for the replacement of any damaged or destroyed
landscaping, screening facilities, and recreational equipment within 30 days of notification by the
City of McHenry or other reasonable timeframe at the discretion of the Zoning Administrator.
9. All development on site shall be in substantial conformance with the submitted site plan,
landscape plan, and building elevations. 10. All other federal, state, and local laws shall be met.
AND by making said motion, I agree that the standards for Planned Unit Developments and
approval criteria for Conditional Uses have been met as outlined in the staff report
Roll Call Vote: 4-ayes: Commissioners Davis, Lehman, Bremer, Riley. 2-ayes: Commissioners
Sobotta, Rockweiler. 1-absent: Commissioner Smale. Motion carried.
Chairwoman Rockweiler closed file Z-2022-09 at 7:41 p.m.
Planning and Zoning Commission
May 18, 2022
Page 4
File No. Z-2022-08
Petitioner: Mark Munson, Managing Member of Munson Properties IV LLC of 31695 N US
Highway 12, Round Lake, IL 60073
Conditional Use Permit and Zoning Variations for the expansion of the existing Marina at
3112 W Lincoln Road.
Planner Sheriff stated that the petitioner has complied with the public notice compliance. The
petitioners were not present, but Planner Sheriff presented the plan for the petitioners. Planner
Sheriff explained that significant improvements have been made to the Munson Marine
property. They have now acquired the remaining two residential properties. Their plan is to
demolish those homes and expand the outdoor storage area and operations. They will provide
landscaping and screening.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:44 p.m. No
members of the public offered comment, and the public hearing was closed at 7:44 p.m.
All commission members agreed that what they have done so far is amazing. The area used to be
an eyesore and they have done a phenomenal job. Director Polerecky explained that they have
addressed all issues related to engineering and building codes and are all compliant.
A motion was made by Commissioner Bremer and seconded by Commissioner Davis to approve
the petitioner’s request for a Conditional Use Permit for the operation of a Marina and associated
uses including Outdoor Storage, Motor/Recreational Vehicle Fuel and Oil Sales, Marine Vehicle
Service and Repair, Slip Rentals, and an Open Sales Lot subject to the following conditions:
1. The site shall be developed in substantial conformance with the Landscaping and Screening
Ordinance to the greatest extent possible as determined by the Zoning Administrator.
2. The outdoor storage of bulk materials is prohibited unless fully enclosed.
3. All development on site shall be in substantial conformance with the submitted site plan dated
1.20.22.
AND by making said motion, I agree with staff’s assessment that the approval criteria for
Conditional Uses have been met as outlined in the Staff Report. Roll Call Vote: 6-ayes:
Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-
absent: Commissioner Smale. Motion Carried.
A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to
approve the petitioner’s request for the following Zoning Variations:
Planning and Zoning Commission
May 18, 2022
Page 5
1. Variation to allow a front yard setback of 3.9 feet to accommodate the existing principal
structure.
2. Variation to accommodate the existing parking lot that encroaches within 10 feet of the north
property line.
3. Any other zoning variations necessary to accommodate the proposed development as
depicted on the site plan dated 1.20.22. AND by making said motion, I agree with staff’s
assessment as outlined in the staff report and that the approval criteria for Variances have been
met. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and
Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried.
The hearing for file Z-2002-08 was closed at 10:00 p.m.
File No. Z-2022-15
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Various Zoning Text Amendments to the City of McHenry Zoning Ordinance
Chairwoman Rockweiler opened the hearing at 7:51 p.m. Planner Sheriff stated that all public
hearing and posting requirements have been met. He explained that it can be complicated to
compare municipal parking requirements as it is subjective. What is the goal of a parking
ordinance? Do we need to plan for the minimum, or for Black Friday, or an average amount? The
City wants to ensure that the property owners have the amount of parking they truly need. We
have mechanisms in place to remedy parking issues if there are overflow problems or issues with
IDOT or spilling into the streets.
Planner Sheriff also discussed the Residential Care Facilities and housing for individuals with
disabilities to bring the ordinance into compliance with the Fair Housing Act. Other changes
include car washes, density through lots, front/rear yard setbacks and fences.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 8:04 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 8:04 p.m.
A motion was made by Commissioner Lehman and seconded by Commissioner Riley to approve
various zoning text amendments as presented and outlined in the staff report. Roll Call Vote: 6-
ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-
abstained; 1-absent: Commissioner Smale. Motion Carried.
Open Discussion:
Planning and Zoning Commission
May 18, 2022
Page 6
Commissioner Bremer stated that she is spearheading a mural campaign on Green Street. The
have hired a muralist and are hoping to start the second week in September. Arbys, Wingstop,
and Trio have been held up by IDOT. U-Haul has been contacted and they are working on
landscaping and need to get an out-lot created.
Staff Report: The next meeting is Wednesday, August 17, 2022. The issue at 1508 N Green Street
went forward and was overturned by a supermajority vote at the Council level. They identified
five other coachhouses that were occupied in the area. Only existing coachhouses can be kept
and they must agree to conditions of upgrades with use variances. The City will force-annex 150
acres of land in pockets that are surrounded by the City. The roller rink is down and ready to go
to market.
Adjourn: A motion was made by Commissioner Sobotta and seconded by Commissioner Davis to
adjourn the meeting at 8:23 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale.
Motion Carried.-[, k
Copyright County of McHenry 2022.
All information is provided 'as-is' with no
guarantee of accuracy, completeness, or currency.
Page 1 of 1
Staff Report for the City of McHenry Planning & Zoning Commission
Staff Comments
The following comments and conclusions are based upon staff analysis and review prior to this hearing and are
to be considered viable unless evidence is established to the contrary. Staff may have additional comments
based upon the testimony presented during the public hearing.
BACKGROUND & REQUEST SUMMARY
The City of McHenry is in the process of involuntarily annexing wholly surrounded tracts of land consisting of
60 acres or less. Property annexed include areas along Crystal Lake Road, Bull Valley Road, IL-31 (south of Bull
Valley), Ponca Street, and Hay Street. According to the City’s Annexation Ordinance and State Statute, the
default zoning upon annexation is the most restrictive form of residential based on lot size. To accommodate
the existing uses and structures, the City of McHenry is requesting approval of various Zoning Map
Amendments and Variations (excluding gravel drives).
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Zoning Amendments, listed in §11-5-5 of the City of
McHenry Zoning Ordinance
• The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry
Zoning Ordinance.
• The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of
McHenry Zoning Ordinance
STAFF ANALYSIS
Staff note to Commission: To see staff analysis, see approval criteria listed after each motion.
FILE Z-2022-17.1 -- PIN: 09-34-178-001, 09-34-326-006 -- Zoning Map Amendment to C-2 Neighborhood
Commercial District, Conditional Use Permit to accommodate the existing Child Daycare Center, Zoning
Variations to accommodate all existing principal and accessory structures excluding any gravel driveways,
any other Zoning Relief necessary to accommodate the existing Daycare Center Operations at 4717 W.
Crystal Lake Road, McHenry IL.
Recommended Motion: I motion to approve the petitioner’s request for a Zoning Map Amendment to
C-2 Neighborhood Commercial District, Conditional Use Permit to accommodate the existing Child
Daycare Center, Zoning Variations to accommodate all existing lawfully constructed principal and
accessory structures excluding any gravel driveway areas, and any other Zoning Relief necessary to
accommodate the existing Daycare Center Operations at 4717 W. Crystal Lake Road, McHenry IL.
And by making said motion I agree that the approval criteria for Zoning Map Amendments, Conditional
Uses, and Zoning Variations have been met as outlined in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5) Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
This section of the Crystal Lake Road corridor has various commercial and residential uses including
McHenry West Campus High School. The purpose of the Neighborhood Commercial District is to provide
locations for a broad selection of convenience goods and services and a limited selection of shopper
goods serving more than one neighborhood. Located on an arterial road and near several major
employers (DIST 156, Post Office), staff believes the request meets the definition and is compatible with
the surrounding mix of residential and commercial uses.
B. Supported by Trend of Development
Staff believes the proposed request is supported by the trend of development. Commercial property
located at the intersection of Royal Drive and Crystal Lake Road are all zoned C-2 Neighborhood
Commercial. This would indicate a trend of development within the general area.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the request is consistent with the comprehensive plan objectives to encourage annexation
into the City of McHenry as well as to expand/preserve commercial development.
D. Furthers Public Interest
Staff believes the request furthers the public interest by allowing the existing child daycare operation to
continue to provide their services to the community and will continue to allow future commercial uses.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic:
The childcare center has operated in its present capacity for at least 20 years without adversely
impacting the surrounding property owners. Located near a school, bus pickup and drop off is not out of
the ordinary on this section of Crystal Lake Road.
B. Environmental Nuisance:
Staff does not believe approval of the petitioner’s request would generate any environmental
nuisances.
C. Neighborhood Character:
Given the longevity of the use as a childcare center for approximately 20 years, staff does not believe
the continued operation would be out of character with the surrounding mix of commercial and
residential land use.
D. Public Services and Facilities:
The site has access to City water and sanitary sewer. At the time their well or septic fails, the property
owners will be required to connect to the City’s services as required by the McHenry County Health
Department.
E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
Staff does not believe the proposed use will generate any adverse impacts on public safety and health
given the longevity of the use.
F. Other Factors:
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to
the property being forcibly annexed and therefore have structures that once were legally constructed
but no longer conform due to the change in jurisdiction.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property within
the C-2 Neighborhood Commercial District.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, it was due to the City forcibly annexing the property.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant due to the
circumstances of the annexation and that any resulting nonconformities were caused by the City’s
annexation of the subject property.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a childcare center.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of operations as a child daycare center for more than 20 years.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting commercial development to offer a wide variety
of commercial services.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
FILE Z-2022-17.2 -- PIN: 09-34-327-003, 09-34-327-004 -- Zoning Map Amendment to A-1 Agriculture District,
Conditional Use Permit to operate an Agritourism Business with Outdoor Storage related to the operation
of an Agritourism Business, Zoning Variations to accommodate all existing principal and accessory
structures, and minimum lot width for the property located at 4813, and 4815 W. Crystal Lake Road.
Recommended Motion: I motion to approve the petitioner’s request for a Zoning Map Amendment to A-1
Agriculture District, Conditional Use Permit to operate an Agritourism Business with Outdoor Storage to be in
substantial conformance with §11-6-20 Outdoor Storage District Regulations, Zoning Variations to
accommodate all existing principal and accessory structures excluding any gravel driveways, and minimum lot
width for the property located at 4813, and 4815 W. Crystal Lake Road.
And by making said motion I agree that the approval criteria for Zoning Map Amendments, Conditional Uses,
and Zoning Variations have been met as outlined in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5) Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
This section of the Crystal Lake Road corridor has various commercial, residential, and agricultural
zoning. Staff believes the request is consistent with the surrounding mix of agricultural, residential, and
commercial zoning.
B. Supported by Trend of Development
Staff believes the proposed request is supported by the trend of development. The property located
4727 W. Crystal Lake Road was annexed and zoned Agriculture. Staff believes this would support a
trend of agriculture zoning.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the request is consistent with the comprehensive plan objectives to encourage annexation
into the City of McHenry as well as to expand/preserve commercial development and to promote
agricultural tourism.
D. Furthers Public Interest
Staff believes the request furthers the public interest by allowing the existing agriculture operations to
continue uninterrupted.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic:
Staff does not believe the request would generate any adverse traffic impacts.
B. Environmental Nuisance:
Staff does not believe approval of the petitioner’s request would generate any environmental
nuisances.
C. Neighborhood Character:
Given the longevity of the prior use of the property as agricultural and residential while unincorporated,
staff does not believe it would negatively impact the neighborhood character.
D. Public Services and Facilities:
At the time their well or septic fails, the property owners will be required to connect to the City’s
services as required by the McHenry County Health Department.
E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
Staff does not believe the proposed use will generate any adverse impacts on public safety and health
given the longevity of the use of the property as mixed residential and agricultural.
F. Other Factors:
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below..
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to
the property being forcibly annexed and therefore having structures that once were legally constructed
but no longer conform due to the change in jurisdiction.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property within
the Agriculture District.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, it was due to the City forcibly annexing the property.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant due to the
circumstances of the annexation and that any resulting nonconformities were caused by the City’s
annexation of the subject property.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a mixed agricultural and residential use.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of parcel being zoned for decades for agricultural and residential use in
unincorporated McHenry County.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting commercial development to offer a wide variety
of commercial services and support a diverse economic base.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
FILE Z-2022-17.3 -- PIN: 09-34-327-005 -- Zoning Map Amendment to C-2 Neighborhood Commercial District,
Zoning Variations to accommodate all existing principal and accessory structures, any other zoning relief
necessary to accommodate the existing commercial operations at 4817 W. Crystal Lake Road.
Recommended Motion: I motion to approve the petitioner’s request for a Zoning Map Amendment to the C-2
Neighborhood Commercial District, Zoning Variations to accommodate all existing principal and accessory
structures excluding any gravel driveways, any other zoning relief necessary to accommodate the existing
commercial operations at 4817 W. Crystal Lake Road.
And by making said motion, I agree that the Approval Criteria for Zoning Map Amendments, and Zoning
Variations have been met as outlined in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5) Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
This section of the Crystal Lake Road corridor has various commercial and residential uses including
McHenry West Campus High School. The purpose of the Neighborhood Commercial District is to provide
locations for a broad selection of convenience goods and services and a limited selection of shopper
goods serving more than one neighborhood. Located on an arterial road and near several major
employers (DIST 156, Post Office), staff believes the request meets the definition and is compatible with
the surrounding mix of residential and commercial uses.
B. Supported by Trend of Development
Staff believes the proposed request is supported by the trend of development. Properties located at the
intersection of Royal Drive and Crystal Lake Road are all zoned C-2 Neighborhood Commercial. This
would indicate a trend of development within the general area.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the request is consistent with the comprehensive plan objectives to encourage annexation
into the City of McHenry as well as to expand/preserve commercial development.
D. Furthers Public Interest
Staff believes the request furthers the public interest by allowing the existing child daycare operation to
continue to provide their services to the community and will continue to allow future commercial use of
the property.
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to
the property being forcibly annexed and therefore have structures that once were legally constructed
but no longer conform due to the change in jurisdiction.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property within
the C-2 Neighborhood Commercial District.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, it was due to the City forcibly annexing the property.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant due to the
circumstances of the annexation and that any resulting nonconformities were caused by the City’s
annexation of the subject property.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a commercial retail business.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of operations as a commercial retail use.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting commercial development to offer a wide variety
of commercial services.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
FILE Z-2022-17.4 -- PIN: 09-34-327-006 -- Zoning Map Amendment to A-1 Agriculture District, Conditional
Use Permit for Agritourism, and Outdoor Storage in Conjunction with an Agricultural Use, Zoning Variations
to minimum lot width, and any other zoning variations necessary to accommodate the existing principal and
accessory structures excluding any gravel drive driveways at 4819 W. Crystal Lake Road.
Recommended Motion: I recommend approval of the petitioner’s request for a Zoning Map Amendment to A-
1 Agriculture District, Conditional Use Permit for Agritourism and Outdoor Storage in Conjunction with an
Agricultural Use to be in substantial conformance with §11-6-20 Outdoor Storage District Regulations, Zoning
Variations to minimum lot width, and any other zoning variations necessary to accommodate the existing
principal and accessory structures excluding any gravel drive driveways at 4819 W. Crystal Lake Road.
And by making said motion I agree that the approval criteria for Zoning Map Amendments, Conditional Use
Permits, and Zoning Variations have been met as outlined in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5) Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
This section of the Crystal Lake Road corridor has various commercial, residential, and agricultural
zoning. Staff believes the request is consistent with the surrounding mix of agricultural, residential, and
commercial zoning.
B. Supported by Trend of Development
Staff believes the proposed request is supported by the trend of development. The property located
4727 W. Crystal Lake Road was annexed and zoned Agriculture. Staff believes this would support a
trend of agriculture zoning.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the request is consistent with the comprehensive plan objectives to encourage annexation
into the City of McHenry as well as to expand/preserve commercial development and to promote
agricultural tourism.
D. Furthers Public Interest
Staff believes the request furthers the public interest by allowing the existing agriculture operations to
continue uninterrupted.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic:
Staff does not believe the request would generate any adverse traffic impacts.
B. Environmental Nuisance:
Staff does not believe approval of the petitioner’s request would generate any environmental
nuisances.
C. Neighborhood Character:
Given the longevity of the prior use of the property as agricultural and residential while unincorporated,
staff does not believe it would negatively impact the neighborhood character.
D. Public Services and Facilities:
At the time their well or septic fails, the property owners will be required to connect to the City’s
services as required by the McHenry County Health Department.
E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
Staff does not believe the proposed use will generate any adverse impacts on public safety and health
given the longevity of the use of the property as mixed residential and agricultural.
F. Other Factors:
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to
the property being forcibly annexed and therefore have structures that once were legally constructed
but no longer conform due to the change in jurisdiction.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property within
the Agriculture District.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, it was due to the City forcibly annexing the property.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant due to the
circumstances of the annexation and that any resulting nonconformities were caused by the City’s
annexation of the subject property.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a mixed agricultural and residential use.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of parcel being zoned for decades for agricultural and residential use in
unincorporated McHenry County.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting commercial development to offer a wide variety
of commercial services and support a diverse economic base.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
FILE Z-2022-17.5 -- PIN: 09-34-401-002 -- Conditional Use Permit for a Conditional Public Use to
accommodate the existing operations of the Commonwealth Edison Company, Zoning Variations to allow
administrative site plan review by Staff Plat Review Committee for future structural expansions and site
plan modifications within the existing developed area, Zoning Variations to accommodate all existing
principal and accessory structures, any other zoning relief necessary to accommodate the existing public
utility operations for the 4.76-acre property, more or less, located on the south corner of the intersection of
Lillian Street and Hay Street.
Recommended Motion: I motion to recommend approval of the petitioner’s request for a Conditional Use
Permit for a Conditional Public Use to accommodate the existing operations of the Commonwealth Edison
Company, Zoning Variations to allow administrative site plan review by Staff Plat Review Committee for future
structural expansions and site plan modifications within the existing developed area, Zoning Variations to
accommodate all existing principal and accessory structures, any other zoning relief necessary to
accommodate the existing public utility operations for the 4.76-acre property, more or less, located on the
south corner of the intersection of Lillian Street and Hay Street.
And by making said motion I agree that the approval criteria for Conditional Use Permits and Zoning Variations
have been met as outlined in the staff report.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic:
Staff does not believe the request would generate any adverse traffic impacts.
B. Environmental Nuisance:
Staff does not believe approval of the petitioner’s request would generate any environmental
nuisances.
C. Neighborhood Character:
Given the longevity of the use of the property as a conditional public use while unincorporated, staff
does not believe it would negatively impact the neighborhood character.
D. Public Services and Facilities:
At the time their well or septic fails, the property owners will be required to connect to the City’s
services as required by the McHenry County Health Department.
E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
Staff does not believe the proposed use will generate any adverse impacts on public safety and health
given the longevity of the use of the property as public utility service.
F. Other Factors:
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to
the property being forcibly annexed and therefore have structures that once were legally constructed
but no longer conform due to the change in jurisdiction and also the regulatory nature of public utility
companies that may require minor alterations and improvements to structures based on mandated
statutory or capacity requirements.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property due to
the property operating as a public utility.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, it was due to the City forcibly annexing the property.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant due to the
circumstances of the annexation and that any resulting nonconformities were caused by the City’s
annexation of the subject property.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a public utility provider.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of parcel being zoned for decades for a public utility company in
unincorporated McHenry County.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting public utilities to provide benefit to the greater
health, safety, and welfare of the residents of McHenry serviced by this public utility.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
FILE Z-2022-17.6 -- PIN: 14-02-351-002, 14-02-351-001 -- Zoning Map Amendment to C-5 Highway
Commercial District, Conditional Use Permit for a Conditional Public Use to accommodate the existing public
gas utility operations, Zoning Variations to allow administrative site plan review by Staff Plat Review
Committee for future expansions and site plan modifications within the existing developed area, zoning
variations to accommodate all existing principal and accessory structures, any other zoning relief necessary
to accommodate the existing public utility operations for the 0.32-acre property located directly west of the
intersection of S. Front Street (IL-31) and Mercy Drive.
Recommended Motion: I motion to approval the petitioner’s request for a Zoning Map Amendment to C-5
Highway Commercial District, Conditional Use Permit for a Conditional Public Use to accommodate the
existing public gas utility operations, Zoning Variations to allow administrative site plan review by Staff Plat
Review Committee for future expansions and site plan modifications within the existing developed area,
zoning variations to accommodate all existing principal and accessory structures, any other zoning relief
necessary to accommodate the existing public utility operations for the 0.32-acre property located directly
west of the intersection of S. Front Street (IL-31) and Mercy Drive.
And by making said motion I agree that the approval criteria for Zoning Map Amendments, Conditional Use
Permits, and Zoning Variations have been met as outlined in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5) Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
This section of the IL-31 Corridor is primarily zoned C-5 Highway Commercial. Staff believes the
requested C-5 Zoning is appropriate and compatible with the other C-5 Highway Commercial Properties.
B. Supported by Trend of Development
Staff believes the proposed request is supported by the trend of C-5 Highway Commercial Zoning within
the general vicinity of the subject property.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the request is consistent with the comprehensive plan objectives to encourage annexation
into the City of McHenry and promote Highway Commercial Zoning along state highways.
D. Furthers Public Interest
Staff believes the request furthers the public interest by supporting the Comprehensive Plan
recommendation for Highway Commercial Zoning along state highways.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic:
Staff does not believe the request would generate any adverse traffic impacts.
B. Environmental Nuisance:
Staff does not believe approval of the petitioner’s request would generate any environmental
nuisances.
C. Neighborhood Character:
Given the longevity of the use of the property as a conditional public use while unincorporated, staff
does not believe it would negatively impact the neighborhood character.
D. Public Services and Facilities:
At the time their well or septic fails, the property owners will be required to connect to the City’s
services as required by the McHenry County Health Department.
E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
Staff does not believe the proposed use will generate any adverse impacts on public safety and health
given the longevity of the use of the property as public utility service.
F. Other Factors:
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to
the property being forcibly annexed and therefore have structures that once were legally constructed
but no longer conform due to the change in jurisdiction and also the regulatory nature of public utility
companies that may require minor alterations and improvements to structures based on mandated
statutory or capacity requirements.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property due to
the property operating as a public utility.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, it was due to the City forcibly annexing the property.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant due to the
circumstances of the annexation and that any resulting nonconformities were caused by the City’s
annexation of the subject property.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a public utility provider.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of parcel being zoned for decades for a public utility company in
unincorporated McHenry County.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting public utilities to provide benefit to the greater
health, safety, and welfare of the residents of McHenry serviced by this public utility.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
FILE Z-2022-17.7 -- PIN: 14-04-200-030, 14-03-100-015, 14-03-100-016, 14-03-100-028, 14-03-300-006 -- Use
Variance to allow the continued use of the existing Off-Site Advertising Billboard Sign (Property PIN: 14-03-
100-028), and a Zoning Map Amendment to A-1 Agriculture District for various property located directly
north of the intersection of Cunat Drive and Bull Valley Road, and directly southeast of the intersection of
Bull Valley Road the Union Pacific Railway Line (PIN: 14-04-200-030, 14-03-100-015, 14-03-100-016, 14-03-
100-028, 14-03-300-006).
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5) Staff comments italicized below.
A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title relating to the use of the buildings or structures, or the use of
the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from
mere inconvenience.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an
unnecessary and undue hardship upon the property owner due to the circumstances of being forcibly
annexed and formally allowed to operate a billboard sign and could therefore not replace the sign once
damaged or destroyed.
B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
N/A
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
Staff believes the request is under a special circumstance related to the longevity of the use of site as
agricultural and a billboard advertising sign.
D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the
locality, nor substantially impair environmental quality, property values or public safety or welfare in
the vicinity.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
area due to the longevity of the property being used for a billboard sign.
E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting
annexation of unincorporated pockets of land in the City of McHenry.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5) Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
This section of the Bull Valley Road corridor is primarily a mix of Residential Zoning with Agriculture
Uses. Staff believes the request is compatible with the other agricultural uses on the surrounding
properties.
B. Supported by Trend of Development
Staff believes the proposed request is supported by the trend of agricultural land use within the general
vicinity of the subject properties.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the request is consistent with the comprehensive plan objectives to encourage annexation
into the City of McHenry.
D. Furthers Public Interest
Staff believes the request furthers the public interest by supporting the annexation of unincorporated
pockets of land.
FILE Z-2022-17.8 -- PIN: 14-03-300-007, 14-04-400-011, 14-04-400-012 -- Zoning Map Amendment to I-1
Industrial District, Zoning Variations to accommodate the existing principal and accessory structures, and
any other zoning relief necessary to accommodate the existing industrial operations for the property
located at 5015 Bull Valley Road.
Recommended Motion: I motion to recommend approval of the petitioner’s request for a Zoning Map
Amendment to I-1 Industrial District, Zoning Variations to accommodate the existing principal and accessory
structures, and any other zoning relief necessary to accommodate the existing industrial operations for the
property located at 5015 Bull Valley Road.
And by making said motion I agree that the approval criteria for Zoning Map Amendments and Zoning
Variations have been met as outlined in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5) Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
The site has operated as an Industrial Zoned Parcel while in unincorporated McHenry County. Staff
believes the request is compatible with the surrounding zoning.
B. Supported by Trend of Development
Staff believes the proposed request is supported by the trend of Industrial Zoning further east of the site
on Bull Valley Road.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the request is consistent with the comprehensive plan objectives to encourage annexation
into the City of McHenry and to preserve and promote Industrial businesses.
D. Furthers Public Interest
Staff believes the request furthers the public interest by supporting the annexation of unincorporated
pockets of land.
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to
the property being forcibly annexed and therefore have structures that once were legally constructed
but no longer conform due to the change in jurisdiction.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property within
the I-1 Industrial District due to the force annexation.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, it was due to the City forcibly annexing the property.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant due to the
circumstances of the annexation and that any resulting nonconformities were caused by the City’s
annexation of the subject property.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a industrial warehousing business.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of operations as an industrial use.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting annexations and preserving industrial land use.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
FILE Z-2022-17.9 -- PIN: 14-02-352-003, 14-02-352-008 -- Zoning Map Amendment to C-5 Highway
Commercial District, Zoning Variations to accommodate the existing principal and accessory structures, and
any other zoning relief necessary to accommodate the existing law office operations at 908 S. IL-31. Use
Variation to allow a single-family residence in the C-5 Highway Commercial District for 912 S. IL-31.
Recommended Motion: I motion to recommend approval of the petitioner’s request for a Zoning Map
Amendment to C-5 Highway Commercial District, Zoning Variations to accommodate the existing principal and
accessory structures, and any other zoning relief necessary to accommodate the existing law office operations
at 908 S. IL-31. Use Variation to allow a single-family residence in the C-5 Highway Commercial District for 912
S. IL-31.
And by making said motion I agree that the approval criteria for Zoning Map Amendments, Use Variations, and
Zoning Variations have been met as outlined in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5) Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
The section of the IL-31 corridor is characterized by highway commercial zoning. Staff believes the
request to rezone the property to the C-5 Highway Commercial district is consistent and compatible
with other property within the area.
B. Supported by Trend of Development
Staff believes the proposed request is supported by the trend of development. Located on a State
Highway, many commercial properties are zoned C-5 Highway Commercial District. Staff believes the
request is consistent with other property within the general vicinity of the subject property.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the request is consistent with the comprehensive plan objectives to preserve and promote
commercial land use and highway commercial zoning along state highways.
D. Furthers Public Interest
Staff believes the request furthers the public interest by supporting the comprehensive plan’s
recommendation for zoning property highway commercial when adjacent to state highways.
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5) Staff comments italicized below.
A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title relating to the use of the buildings or structures, or the use of
the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from
mere inconvenience.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an
unnecessary and undue hardship upon the property owner due to the circumstances of being forcibly
annexed.
B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
N/A
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
Staff believes the request is under a special circumstance related to the longevity of the use of site as
single family while the City desires to see future commercial growth on IL-31 but due to the uniqueness
of the circumstance related to the annexation the City is willing to accommodate the existing use.
D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the
locality, nor substantially impair environmental quality, property values or public safety or welfare in
the vicinity.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
area due to the longevity of the property being used for residential.
E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting
annexation of property into the City of McHenry and promoting future growth of commercial land use
within this section of the IL-31 corridor.
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to
the property being forcibly annexed and therefore have structures that once were legally constructed
but no longer conform due to the change in jurisdiction.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property within
the C-5 Highway Commercial District.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, it was due to the City forcibly annexing the property.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant due to the
circumstances of the annexation and that any resulting nonconformities were caused by the City’s
annexation of the subject property.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a commercial retail business.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of operations as a commercial retail use.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting commercial development to offer a wide variety
of commercial services.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
Attachments:
• Receipt of publication of legal notice
SHAW MEDIA
EST. 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815)459-4040
ORDER CONFIRMATION
Salesperson: BARBARA BEHRENS Printed at 08/31/22 09:26 by bbehr-sm
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Acct #: 10474 Ad #: 2013741 Status: New
CITY OF MCHENRY Start: 09/02/2022 Stop: 09/02/2022
333 S. GREEN ST. Times Ord: 1 Times Run: ***
MCHENRY IL 60050 CLEG 3.00 X 80.00 Words: 761
Total CLEG 240.00
Class: C8100 PUBLIC NOTICES
Rate: LEGAL Cost: 337.10
# Affidavits: 1
Bill Desc: ANNEXATION REZONING Descr Cont: 2013741
Contact: BONNIE ROSTRON Ad Descrpt: PUBLIC NOTICE NOTICE OF
Phone: (815)363-2100 Given by: CODY SHERIFF
Fax#: (815)385-0916 P.O. #:
Email: brostron@cityofmchenry.org Created: bbehr 08/31/22 09:14
Agency: Last Changed: bbehr 08/31/22 09:26
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URL: _________________________________
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Source: ______________________________ Section: _______________ Page: __
Camera Ready: N Group: LEGALS AdType: ___________
Misc: _______________________________
Proof: __ _____________________ Pickup Date: __________ Ad#: _________
Delivery Instr: ______________________ Pickup Src: ____________
Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __
Coupon: __ Color: _____________ Gang Ad #: _________
Ad Copy Method: ________________________________________
Special Instr: ______________________________
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COMMENTS:
COPIED from AD 1997546
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PUB ZONE EDT TP RUN DATES
NW CL 97 S 09/02
WEB CL 99 S 09/02
APNW CL 97 S 09/02
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(CONTINUED ON NEXT PAGE)
SHAW MEDIA
EST. 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815)459-4040
ORDER CONFIRMATION (CONTINUED)
Salesperson: BARBARA BEHRENS Printed at 08/31/22 09:26 by bbehr-sm
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Acct #: 10474 Ad #: 2013741 Status: New
PUBLIC NOTICE
PUBLIC HEARING NOTICE
FILE Z-2022-17
Notice is hereby given that the City of McHenry Planning and Zoning Commission will
hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry,
Illinois 60050, at 7:00 P.M. on Wednesday, September 21, 2022 to consider an
application by the City of McHenry for the following requests for property recently annexed
by the City of McHenry in accordance with the City of McHenry Zoning Ordinance
(File # -- PIN -- Request):
FILE Z-2022-17.1 -- PIN: 09-34-178-001, 09-34-326-006 -- Zoning Map
Amendment to C-2 Neighborhood Commercial District, Conditional Use Permit to
accommodate the existing Child Daycare Center, Zoning Variations to accommodate
all existing principal and accessory structures, any other Zoning Relief necessary to
accommodate the existing Daycare Center Operations at 4717 W. Crystal Lake Road,
McHenry IL. FILE Z-2022-17.2 -- PIN: 09-34-327-003, 09-34-327-004 -- Zoning Map
Amendment to A-1 Agriculture District, Conditional Use Permit to operate an
Agritourism Business with Outdoor Storage related to the operation of an Agritourism
Business, Zoning Variations to accommodate all existing principal and accessory
structures, and minimum lot width for the property located at 4813, and 4815
W. Crystal Lake Road. FILE Z-2022-17.3 -- PIN: 09-34-327-005 -- Zoning Map
Amendment to C-2 Neighborhood Commercial District, Zoning Variations to
accommodate all existing principal and accessory structures, any other zoning relief
necessary to accommodate the existing commercial operations at 4817 W. Crystal
Lake Road. FILE Z-2022-17.4 -- PIN: 09-34-327-006 -- Zoning Map Amendment to
A-1 Agriculture District, Conditional Use Permit for Agritourism, and Outdoor Storage
in Conjunction with an Agricultural Use, Zoning Variations to minimum lot width, and
any other zoning variations necessary to accommodate the existing principal
and accessory structures at 4819 W. Crystal Lake Road. FILE Z-2022-17.5 --
PIN: 09-34-401-002 -- Conditional Use Permit for a Conditional Public Use to
accommodate the existing operations of the Commonwealth Edison Company, Zoning
Variations to allow administrative site plan review by Staff Plat Review Committee for
future expansions and site plan modifications within the existing developed area,
Zoning Variations to accommodate all existing principal and accessory structures, any
other zoning relief necessary to accommodate the existing public utility operations for
the 4.76-acre property, more or less, located on the south corner of the intersection of
Lillian Street and Hay Street. FILE Z-2022-17.6 -- PIN: 14-02-351-002, 14-02-351-
001 -- Zoning Map Amendment to C-5 Highway Commercial District, Conditional Use
Permit for a Conditional Public Use to accommodate the existing public gas utility
operations, Zoning Variations to allow administrative site plan review by Staff Plat
Review Committee for future expansions and site plan modifications within the exist-
ing developed area, zoning variations to accommodate all existing principal and
accessory structures, any other zoning relief necessary to accommodate the existing
public utility operations for the 0.32-acre property located directly west of the
intersection of S. Front Street (IL-31) and Mercy Drive. FILE Z-2022-17.7 -- PIN: 14-
04-200-030, 14-03-100-015, 14-03-100-016, 14-03-100-028, 14-03-300-006 --
Use Variance to allow the continued use of the existing Off-Site Advertising Billboard
Sign (Property PIN: 14-03-100-028), and a Zoning Map Amendment to A-1
Agriculture District for various property located directly north of the intersection of
Cunat Drive and Bull Valley Road, and directly southeast of the intersection of Bull
Valley Road the Union Pacific Railway Line (PIN: 14-04-200-030, 14-03-100-015,
14-03-100-016, 14-03-100-028, 14-03-300-006). FILE Z-2022-17.8 -- PIN: 14-03-
300-007, 14-04-400-011, 14-04-400-012 -- Zoning Map Amendment to I-1 Industri-
al District, Zoning Variations to accommodate the existing principal and accessory
structures, and any other zoning relief necessary to accommodate the existing indus-
trial operations for the property located at 5015 Bull Valley Road. FILE Z-2022-17.9 --
PIN: 14-02-352-003, 14-02-352-008 -- Zoning Map Amendment to C-5 Highway
Commercial District, Zoning Variations to accommodate the existing principal and
accessory structures, and any other zoning relief necessary to accommodate the
existing law office operations at 908 S. IL-31. Use Variation to allow a single-family
residence in the C-5 Highway Commercial District for 912 S. IL-31.
A copy of the application is on file and may be examined during regular business hours
in the Community Development Department, at the McHenry Municipal Center, 333 South
Green Street, McHenry, Illinois 60050. Questions regarding this matter can be directed to
Cody Sheriff, City Planner, at (815) 363-2181. An electronic copy of the application can
be viewed on the City?s website at www.cityofmchenry.org/currentdevelopments. All
interested parties will be given an opportunity to be heard. Published by order of the
Planning and Zoning Commission, City of McHenry, McHenry County, Illinois.
/s/ Stacy Rockweiler
Chairwoman, Planning and Zoning Commission
(Published in the Northwest Herald September 2, 2022)2013741